Case: Gartenberg v. The Cooper Union for the Advancement of Science and Art

COMPLAINT against The Cooper Union for the Advancement of Science and Art. (Filing Fee $ 405.00, Receipt Number ANYSDC-29193835)Document filed by Benjamin Meiner, Jacob Khalili, Michelle Meiner, Gila Rosenzweig, Perie Hoffman, Meghan Notkin, Rebecca Gartenberg, Gabriel Kret, Anna Weisman, Taylor Roslyn Lent..(Stiefel, Aaron) (Entered: 04/09/2024)

CIVIL COVER SHEET filed..(Stiefel, Aaron) (Entered: 04/09/2024)

REQUEST FOR ISSUANCE OF SUMMONS as to The Cooper Union for the Advancement of Science and Art, re: 1 Complaint,. Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 04/09/2024)

NOTICE OF APPEARANCE by Debra E. Schreck on behalf of Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Schreck, Debra) (Entered: 04/09/2024)

NOTICE OF APPEARANCE by Baruch Weiss on behalf of Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Weiss, Baruch) (Entered: 04/09/2024)

NOTICE OF APPEARANCE by Ziporah Reich on behalf of Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Reich, Ziporah) (Entered: 04/09/2024)

ELECTRONIC SUMMONS ISSUED as to The Cooper Union for the Advancement of Science and Art..(jgo) (Entered: 04/10/2024)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

Case Designated ECF. (jgo)

CERTIFICATE OF SERVICE of Summons in a Civil Action, Complaint Jury Trial Demanded, Civil Cover Sheet, Unsigned Summons in a Civil Action, Appearance of Counsel for Debra E. Schreck, Appearance of Counsel for Baruch Weiss, Appearance of Counsel for Ziporah Reich, Electronic Case Filing Rules & Instructions, Individual Rules and Practices in Civil Cases of John P. Cronan, United States District Judge of Southern District of New York served on non-party NYC Commission on Human Rights on 4/12/2024. Service was made by MAIL. Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 04/17/2024)

CERTIFICATE OF SERVICE of Summons in a Civil Action, Complaint Jury Trial Demanded, Civil Cover Sheet, Unsigned Summons in a Civil Action, Appearance of Counsel for Debra E. Schreck, Appearance of Counsel for Baruch Weiss, Appearance of Counsel for Ziporah Reich, Electronic Case Filing Rules & Instructions, Individual Rules and Practices in Civil Cases of John P. Cronan, United States District Judge of Southern District of New York served on non-party Office of the New York State Attorney General on April 12, 2024. Service was made by MAIL. Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 04/17/2024)

SUMMONS RETURNED EXECUTED Summons and Complaint, served. The Cooper Union for the Advancement of Science and Art served on 4/10/2024, answer due 5/1/2024. Service was accepted by Siri McDonald. Document filed by Benjamin Meiner; Jacob Khalili; Michelle Meiner; Gila Rosenzweig; Perie Hoffman; Meghan Notkin; Rebecca Gartenberg; Gabriel Kret; Anna Weisman; Taylor Roslyn Lent..(Stiefel, Aaron) (Entered: 04/17/2024)

AFFIDAVIT OF SERVICE of Summons in a Civil Action, Complaint Jury Trial Demanded, Civil Cover Sheet, Unsigned Summons in a Civil Action, Appearance of Counsel for Debra E. Schreck, Appearance of Counsel for Baruch Weiss, Appearance of Counsel for Ziporah Reich, Electronic Case Filing Rules & Instructions, Individual Rules and Practices in Civil Cases of John P. Cronan, United States District Judge of Southern District of New York served on non-party NYC Commission on Human Rights c/o Corporation Counsel of The City of New York on 4/11/2024. Service was accepted by Jerry Bradshaw. Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 04/17/2024)

NOTICE OF APPEARANCE by Lisa E. Cleary on behalf of The Cooper Union for the Advancement of Science and Art..(Cleary, Lisa) (Entered: 04/19/2024)

NOTICE OF APPEARANCE by Jacqueline Lee Bonneau on behalf of The Cooper Union for the Advancement of Science and Art..(Bonneau, Jacqueline) (Entered: 04/19/2024)

LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from Lisa E. Cleary dated April 19, 2024. Document filed by The Cooper Union for the Advancement of Science and Art..(Cleary, Lisa) (Entered: 04/19/2024)

ORDER granting 14 Letter Motion for Extension of Time to Answer re 14 LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from Lisa E. Cleary dated April 19, 2024. The request is granted. Cooper Union may respond to the Complaint by May 31, 2024. SO ORDERED. The Cooper Union for the Advancement of Science and Art answer due 5/31/2024. (Signed by Judge John P. Cronan on 4/22/2024) (jca) (Entered: 04/22/2024)

LETTER MOTION for Leave to File Motion to Dismiss and to Strike (Pre-Motion Letter) addressed to Judge John P. Cronan from Lisa E. Cleary dated May 31, 2024. Document filed by The Cooper Union for the Advancement of Science and Art..(Cleary, Lisa) (Entered: 05/31/2024)

LETTER RESPONSE to Motion addressed to Judge John P. Cronan from Aaron Stiefel dated June 5, 2024 re: 16 LETTER MOTION for Leave to File Motion to Dismiss and to Strike (Pre-Motion Letter) addressed to Judge John P. Cronan from Lisa E. Cleary dated May 31, 2024. . Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 06/05/2024)

ORDER granting 16 Letter Motion for Leave to File Document.The Court adopts Defendants' proposed motion and briefing schedule. Defendants' motion to dismiss and strike certain relief, and accompanying briefing, is due on or before July 3, 2024. Plaintiffs' opposition is due on or before July 31, 2024, and Defendants' reply, if any, is due on or before August 14, 2024. SO ORDERED. (Signed by Judge John P. Cronan on 6/6/2024) (jca) (Entered: 06/06/2024)

Set/Reset Deadlines: Motions due by 7/3/2024. Responses due by 7/31/2024 Replies due by 8/14/2024. (jca)

MOTION to Dismiss Plaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); and Strike Certain of Plaintiffs Requests for Relief Pursuant to Fed. R. Civ. P. 12(f). Document filed by The Cooper Union for the Advancement of Science and Art..(Cleary, Lisa) (Entered: 07/03/2024)

MEMORANDUM OF LAW in Support re: 19 MOTION to Dismiss Plaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); and Strike Certain of Plaintiffs Requests for Relief Pursuant to Fed. R. Civ. P. 12(f). . Document filed by The Cooper Union for the Advancement of Science and Art..(Cleary, Lisa) (Entered: 07/03/2024)

DECLARATION of Lisa E. Cleary in Support re: 19 MOTION to Dismiss Plaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); and Strike Certain of Plaintiffs Requests for Relief Pursuant to Fed. R. Civ. P. 12(f).. Document filed by The Cooper Union for the Advancement of Science and Art. (Attachments: # 1 Exhibit 1, Transcript of Mayor Eric Adams press conference, dated October 26, 2023, # 2 Exhibit 2, President Sparks's student protest message, dated October 25, 2023, # 3 Exhibit 3, President Sparks's and President Vogels message, dated October 31, 2023, # 4 Exhibit 4, President Sparks's message, dated November 3, 2023, # 5 Exhibit 5, Cooper Unions Policy on Human Rights and Title IX Protections).(Cleary, Lisa) (Entered: 07/03/2024)

1 Exhibit 1, Transcript of Mayor Eric Adams press conference, dated October 26, 20

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2 Exhibit 2, President Sparks's student protest message, dated October 25, 20

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3 Exhibit 3, President Sparks's and President Vogels message, dated October 3

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4 Exhibit 4, President Sparks's message, dated November 3, 2023

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5 Exhibit 5, Cooper Unions Policy on Human Rights and Title IX Protections

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MEMORANDUM OF LAW in Opposition re: 19 MOTION to Dismiss Plaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); and Strike Certain of Plaintiffs Requests for Relief Pursuant to Fed. R. Civ. P. 12(f). . Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 07/31/2024)

REPLY MEMORANDUM OF LAW in Support re: 19 MOTION to Dismiss Plaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); and Strike Certain of Plaintiffs Requests for Relief Pursuant to Fed. R. Civ. P. 12(f). . Document filed by The Cooper Union for the Advancement of Science and Art..(Cleary, Lisa) (Entered: 08/14/2024)

REPLY AFFIRMATION of Jacqueline Lee Bonneau in Support re: 19 MOTION to Dismiss Plaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); and Strike Certain of Plaintiffs Requests for Relief Pursuant to Fed. R. Civ. P. 12(f).. Document filed by The Cooper Union for the Advancement of Science and Art. (Attachments: # 1 Exhibit 1, Message sent by Natalie Brooks, October 9, 2023, # 2 Exhibit 2, Amicus Curiae Brief, No. 1:24-cv-10092 (D. Mass. July 16, 2024), # 3 Exhibit 3, Order re Preliminary Injunction No. 2:24-cv-04702 (C.D. Cal. Aug. 13, 2024)).(Bonneau, Jacqueline) (Entered: 08/14/2024)

1 Exhibit 1, Message sent by Natalie Brooks, October 9, 2023

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2 Exhibit 2, Amicus Curiae Brief, No. 1:24-cv-10092 (D. Mass. July 16, 2024)

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3 Exhibit 3, Order re Preliminary Injunction No. 2:24-cv-04702 (C.D. Cal. Aug. 13,

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LETTER addressed to Judge John P. Cronan from Aaron Stiefel dated August 16, 2024 re: Surreply. Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 08/16/2024)

MEMO ENDORSEMENT on re: 25 Letter, filed by Rebecca Gartenberg, Taylor Roslyn Lent, Perie Hoffman, Gabriel Kret, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman, Jacob Khalili, Benjamin Meiner ENDORSEMENtThe request is granted. Plaintiffs may file a surreply of no more than ten pages on or before September 2, 2024. SO ORDERED. (Surreplies due by 9/2/2024.) (Signed by Judge John P. Cronan on 8/19/2024) (jca) (Entered: 08/19/2024)

REPLY MEMORANDUM OF LAW in Opposition re: 19 MOTION to Dismiss Plaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); and Strike Certain of Plaintiffs Requests for Relief Pursuant to Fed. R. Civ. P. 12(f). Plaintiffs' Sur-Reply in Further Support of their Opposition to the Defendant's Motion to Dismiss and Motion to Strike. Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 09/02/2024)

ORDER The Court will hear oral argument on Defendant's motion to dismiss, Dkt. 19, at 10:00 a.m. on December 16, 2024, in Courtroom 12D at 500 Pearl Street, New York, NY 10007. SO ORDERED. (Oral Argument set for 12/16/2024 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 11/26/2024) (jca) (Entered: 11/26/2024)

LETTER MOTION to Adjourn Conference December 16, 2024 Oral Argument on Defendants Motion to Dismiss addressed to Judge John P. Cronan from Aaron Stiefel dated December 2, 2024. Document filed by Anna Weisman, Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig..(Stiefel, Aaron) (Entered: 12/02/2024)

ORDER granting 29 Letter Motion to Adjourn Conference. The instant request is granted. The oral argument currently scheduled for December 16, 2024, is moved to 10:00 a.m. on January 28, 2025, in Courtroom 12D at 500 Pearl Street, New York, NY 10007. The Clerk of Court is respectfully directed to close Docket Number 29. SO ORDERED. Oral Argument set for 1/28/2025 at 10:00 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.. (Signed by Judge John P. Cronan on 12/4/2024) (jca) (Entered: 12/04/2024)

LETTER addressed to Judge John P. Cronan from Melissa E. Romanovich dated January 21, 2025 re: Application for Admission. Document filed by Anna Weisman, Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig. (Attachments: # 1 Exhibit Certificate of Good Standing).(Stiefel, Aaron) (Entered: 01/21/2025)

1 Exhibit Certificate of Good Standing

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MEMO ENDORSEMENT on re: 31 Letter Application for Admission filed by Rebecca Gartenberg, Taylor Roslyn Lent, Perie Hoffman, Gabriel Kret, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman, Jacob Khalili, Benjamin Meiner. ENDORSEMENT: The instant request is granted. The Court waives Ms. Romanovich's admission to this District for purposes of allowing her to participate in the oral argument scheduled for January 28, 2025. SO ORDERED. (Signed by Judge John P. Cronan on 1/22/25) (yv) (Entered: 01/23/2025)

MOTION for Bridgette C. Gershoni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30507638. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anna Weisman, Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig. (Attachments: # 1 Affidavit of Bridgette C. Gershoni, # 2 Exhibit California Certificate of Good Standing, # 3 Exhibit DC Certificate of Good Standing, # 4 Proposed Order Granting Admission PHV).(Gershoni, Bridgette) (Entered: 01/23/2025)

1 Affidavit of Bridgette C. Gershoni

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2 Exhibit California Certificate of Good Standing

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3 Exhibit DC Certificate of Good Standing

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4 Proposed Order Granting Admission PHV

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MOTION for Michael J. Gershoni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30511473. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anna Weisman, Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig. (Attachments: # 1 Affidavit of Michael J. Gershoni, # 2 Exhibit California Certificate of Good Standing, # 3 Exhibit DC Certificate of Good Standing, # 4 Proposed Order Granting Admission PHV).(Gershoni, Michael) (Entered: 01/24/2025)

1 Affidavit of Michael J. Gershoni

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2 Exhibit California Certificate of Good Standing

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3 Exhibit DC Certificate of Good Standing

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4 Proposed Order Granting Admission PHV

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LETTER addressed to Judge John P. Cronan from Lisa E. Cleary dated January 24, 2025 re: Two Post-Briefing Decisions. Document filed by The Cooper Union for the Advancement of Science and Art..(Cleary, Lisa) (Entered: 01/24/2025)

LETTER addressed to Judge John P. Cronan from Aaron Stiefel dated January 24, 2025 re: January 28, 2025, Hearing. Document filed by Anna Weisman, Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig..(Stiefel, Aaron) (Entered: 01/24/2025)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 33 MOTION for Bridgette C. Gershoni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30507638. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 34 MOTION for Michael J. Gershoni to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30511473. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

ORDER granting 33 Motion for Bridgette C. Gershoni to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe) (Entered: 01/27/2025)

ORDER granting 34 Motion for Michael J. Gershoni to Appear Pro Hac Vice (HEREBY ORDERED by Judge John P. Cronan)(Text Only Order) (mhe) (Entered: 01/27/2025)

Order on Motion to Appear Pro Hac Vice

Minute Entry for proceedings held before Judge John P. Cronan: Oral Argument held on January 28, 2025. (Court Reporter: Lisa Franko) (mhe)

OPINION AND ORDER For these reasons, the Court grants Cooper Unions Motion as to the portion of Count V that is based on the Building Access Policy and on general statements of policy contained in its regulations, and as to Counts VI, VII, and VIII. The Court denies the Motion as to Counts I, II, III, and IV, and as to the portion of Count V that is based on Cooper Unions alleged failure to enforce its Human Rights Policy, Code of Conduct, and Posting Policy in good faith. The Court denies Cooper Unions motion to strike Gartenbergs requests for punitive damages and injunctive relief. Because Gartenberg has not requested leave to amend or explained how she would seek to cure the deficiencies in Counts V though VIII identified herein, the Court does not grant leave to amend. See Gallop v. Cheney, 642 F.3d 364, 369 (2d Cir. 2011) ([N]o court can be said to have erred in failing to grant a request [for leave to amend] that was not made.). Accordingly, Cooper Union shall file an answer to Gartenbergs Complaint on or before February 26, 2025. The Clerk of Court is respectfully directed to terminate the motion pending at Docket Number 19. (Signed by Judge John P. Cronan on 2/5/2025) (mhe) (Entered: 02/05/2025)

TRANSCRIPT of Proceedings re: CONFERNECE held on 1/28/2025 before Judge John P. Cronan. Court Reporter/Transcriber: Lisa Picciano Franko, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/28/2025. Redacted Transcript Deadline set for 3/10/2025. Release of Transcript Restriction set for 5/8/2025..(McGuirk, Kelly) (Entered: 02/07/2025)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 1/28/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 02/07/2025)

Telephone Conference

MOTION for Reconsideration re; 39 Order, Terminate Motions,,,,,,,, . Document filed by Anna Weisman, Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig..(Stiefel, Aaron) (Entered: 02/19/2025)

MEMORANDUM OF LAW in Support re: 42 MOTION for Reconsideration re; 39 Order, Terminate Motions,,,,,,,, . . Document filed by Anna Weisman, Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig..(Stiefel, Aaron) (Entered: 02/19/2025)

OPINION AND ORDER re: 42 MOTION for Reconsideration re; 39 Order, Terminate Motions, . filed by Rebecca Gartenberg, Taylor Roslyn Lent, Perie Hoffman, Gabriel Kret, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman, Jacob Khalili, Benjamin Meiner. For these reasons, Gartenberg's Motion is denied. The Clerk of Court is respectfully directed to close Docket Number 42. Cooper Union is not required to respond to the Motion. SO ORDERED. (Signed by Judge John P. Cronan on 2/25/2025) (jca) (Entered: 02/25/2025)

ANSWER to 1 Complaint,. Document filed by The Cooper Union for the Advancement of Science and Art..(Cleary, Lisa) (Entered: 02/26/2025)

ORDER: Unless the Court orders otherwise, the Court will conduct the IPTC by teleconference on Webex. At the scheduled time, counsel for all parties should call (855) 244-8681, access code 2302 755 2307. SO ORDERED. Initial Conference set for 4/3/2025 at 02:00 PM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 2/27/2025) (jca) (Entered: 02/27/2025)

ORDER The Initial Pretrial Conference scheduled for April 3, 2025 at 2:00 p.m. is rescheduled to April 3, 2025 at 11:00 a.m. At the scheduled time, counsel for all parties should call 1-855-244-8681, access code: 2302 755 2307. (HEREBY ORDERED by Judge John P. Cronan) (Text Only Order) (mhe) Modified on 3/10/2025 (mhe). (Entered: 03/10/2025)

Order

JOINT LETTER addressed to Judge John P. Cronan from Aaron Stiefel dated March 27, 2025 re: IPTC Joint Letter and proposed Case Management Plan and Scheduling Order. Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 03/27/2025)

Minute Entry for proceedings held before Judge John P. Cronan: Telephonic conference held on April 3, 2025. The Court held an initial pretrial conference. The Court will separately enter the proposed case management plan and scheduling order, and enter an order referring this case to the Honorable Gary Stein for a settlement conference. (No court reporter) (mhe)

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Gary Stein. SO ORDERED. (Signed by Judge John P. Cronan on 4/4/2025) (jca) (Entered: 04/07/2025)

CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan (the "Plan") is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Settlement discussions have not taken place. Depositions shall be completed by October 1, 2025. This case is to be tried to a jury. Counsel for the parties have conferred and their best estimate of the length of trial is approximately two weeks. Motions due by 5/30/2025. Deposition due by 1/30/2026. Fact Discovery due by 10/1/2025. Expert Discovery due by 1/30/2026. Discovery due by 1/30/2026. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 4/4/2025) (jca) (Entered: 04/07/2025)

Telephone Conference

PRE-SETTLEMENT CONFERENCE ORDER: This action is scheduled for a Pre-Settlement Conference Call on Wednesday, May 7, 2025 at 2:00 p.m., to discuss the scheduling of and preparation for a Settlement Conference. The parties are directed to consult the undersigned's Settlement Conference Procedures, available at https://nysd.uscourts.gov/hon-gary-stein. Counsel are directed to join the conference via Microsoft Teams at the scheduled time. Please dial (646) 453-4442, Access Code: 105 487 842#. SO ORDERED. ( Status Conference set for 5/7/2025 at 02:00 PM before Magistrate Judge Gary Stein.) (Signed by Magistrate Judge Gary Stein on 4/21/2025) (tg) (Entered: 04/21/2025)

NOTICE OF APPEARANCE by Caroline Zielinski on behalf of The Cooper Union for the Advancement of Science and Art..(Zielinski, Caroline) (Entered: 05/01/2025)

ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Monday, June 16, 2025 at 10:00 a.m. in Courtroom 9A, United States Courthouse, 500 Pearl Street, New York, New York. The parties shall consult and comply with the undersigned's Settlement Conference Procedures, available at https://nysd.uscourts.gov/hon-gary-stein. Ex parte settlement letters must be submitted to the Court no later than Monday, June 9, 2025. SO ORDERED. Settlement Conference set for 6/16/2025 at 10:00 AM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 5/7/2025) (tg) (Entered: 05/07/2025)

Minute Entry. A Pre-Settlement Phone Call was held on Wednesday, May 7, 2025 before Magistrate Judge Gary Stein. (ta)

MOTION for Jacqueline L. Bonneau to Withdraw as Attorney . Document filed by The Cooper Union for the Advancement of Science and Art..(Bonneau, Jacqueline) (Entered: 05/08/2025)

MEMO ENDORSEMENT granting 54 Motion to Withdraw as Attorney. ENDORSEMENT: The request is granted. Jacqueline Bonneau is relieved of her representation of Cooper Union and the Clerk of Court is respectfully directed to terminate her appearance from the docket and to close Docket Number 54. Attorney Jacqueline Lee Bonneau terminated. (Signed by Judge John P. Cronan on 5/9/2025) (rro) (Entered: 05/12/2025)

MOTION for Leave to File Amended Complaint . Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 05/30/2025)

MEMORANDUM OF LAW in Support re: 56 MOTION for Leave to File Amended Complaint . . Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 05/30/2025)

DECLARATION of AARON STIEFEL in Support re: 56 MOTION for Leave to File Amended Complaint .. Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman. (Attachments: # 1 Exhibit A - Proposed Amended Complaint [clean], # 2 Exhibit B - Proposed Amended Complaint [redlined]).(Stiefel, Aaron) (Entered: 05/30/2025)

1 Exhibit A - Proposed Amended Complaint [clean]

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2 Exhibit B - Proposed Amended Complaint [redlined]

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LETTER MOTION for Leave to File a [Proposed] Order re: Electronic Devices in the Courthouse addressed to Magistrate Judge Gary Stein from Aaron Stiefel dated 6/10/2025. Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 06/10/2025)

MEMORANDUM OF LAW in Opposition re: 56 MOTION for Leave to File Amended Complaint . . Document filed by The Cooper Union for the Advancement of Science and Art..(Cleary, Lisa) (Entered: 06/13/2025)

Minute Entry. A Settlement Conference was held on Monday, June 16, 2025 before Magistrate Judge Gary Stein. (ta)

Settlement Conference

Settlement Conference

LETTER MOTION for Extension of Time to File Reply Brief in Further Support of Motion to Amend Complaint addressed to Judge John P. Cronan from Aaron Stiefel dated June 18, 2025. Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 06/18/2025)

ORDER granting 61 Letter Motion for Extension of Time to File. The instant request is granted. Plaintiffs may file their reply brief on or before June 27, 2025. The Clerk of Court is respectfully directed to close Docket Number 61. SO ORDERED. (Signed by Judge John P. Cronan on 6/19/2025) (ar) (Entered: 06/20/2025)

Set/Reset Deadlines

Set/Reset Deadlines: Replies due by 6/27/2025. (ar)

ORDER SCHEDULING SETTLEMENT CONFERENCE: A remote settlement conference in this matter is scheduled for Wednesday, July 16, 2025 at 11:00 a.m. by Microsoft Teams. The parties shall consult and comply with the undersigned's Settlement Conference Procedures, available at https://nysd.uscourts.gov/hon-gary-stein. Supplemental ex parte settlement letters, if any, must be submitted to the Court no later than Wednesday, July 9, 2025. SO ORDERED. Settlement Conference set for 7/16/2025 at 10:00 AM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 6/20/2025) (tg) (Entered: 06/20/2025)

REPLY MEMORANDUM OF LAW in Support re: 56 MOTION for Leave to File Amended Complaint . . Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman..(Stiefel, Aaron) (Entered: 06/27/2025)

JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge John P. Cronan from Aaron Stiefel dated July 2, 2025. Document filed by Rebecca Gartenberg, Perie Hoffman, Jacob Khalili, Gabriel Kret, Taylor Roslyn Lent, Benjamin Meiner, Michelle Meiner, Meghan Notkin, Gila Rosenzweig, Anna Weisman. (Attachments: # 1 Proposed Order - Amended Civil Case Management Plan and Scheduling Order).(Stiefel, Aaron) (Entered: 07/02/2025)

ORDER granting 65 Letter Motion for Extension of Time to Complete Discovery. (Signed by Judge John P. Cronan on 7/3/2025) (ijb) (Entered: 07/03/2025)

Settlement Conference

Minute Entry. A Settlement Conference was held on Wednesday, July 16, 2025 before Magistrate Judge Gary Stein. (ta)

ORDER SCHEDULING SETTLEMENT CONFERENCE: A remote settlement conference in this matter is scheduled for Wednesday, August 20, 2025 at 10:00 a.m. by Microsoft Teams. The parties shall consult and comply with the undersigneds Settlement Conference Procedures, available at https://nysd.uscourts.gov/hon-gary-stein. Supplemental ex parte settlement letters, if any, must be submitted to the Court no later than Wednesday, August 13, 2025. SO ORDERED. Settlement Conference set for 8/20/2025 at 10:00 AM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 7/24/2025) (tg) (Entered: 07/24/2025)

ORDER granting 56 Letter Motion for Leave to File Document. Because it is not apparent to the Court that the proposed amended complaint would be futile and because Defendants' opposition raises substantial merits-related questions that are better suited for resolution on a subsequent dispositive motion, the Court grants the motion for leave to amend. Plaintiffs shall file the amended complaint by August 7, 2025. The Clerk of Court is respectfully directed to close Docket Number 56. (And as further set forth herein.) SO ORDERED. (Signed by Judge John P. Cronan on 7/31/2025) (jca) (Entered: 07/31/2025)

Set/Reset Deadlines

Set/Reset Deadlines: Amended Pleadings due by 8/7/2025. (jca)

AMENDED COMPLAINT amending 1 Complaint, against The Cooper Union for the Advancement of Science and Art with JURY DEMAND.Document filed by Benjamin Meiner, Jacob Khalili, Michelle Meiner, Gila Rosenzweig, Perie Hoffman, Meghan Notkin, Rebecca Gartenberg, Gabriel Kret, Anna Weisman, Taylor Roslyn Lent. Related document: 1 Complaint,..(Stiefel, Aaron) (Entered: 08/06/2025)

CONSENT LETTER MOTION for Extension of Time addressed to Judge John P. Cronan from Lisa E. Cleary dated August 13, 2025. Document filed by The Cooper Union for the Advancement of Science and Art. (Attachments: # 1 Proposed Order Second Amended Civil Case Management Plan and Scheduling Order).(Cleary, Lisa) (Entered: 08/13/2025)

SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting 70 Letter Motion for Extension of Time. Having reviewed the letter-motion by Defendant, to which Plaintiffs consent, to extend discovery deadlines and Defendants time respond to the Amended Complaint, IT IS HEREBY ORDERED that the July 3, 2025 Amended Civil Case Management Plan and Scheduling Order (ECF 66), shall be amended such that the remaining dates and deadlines for completion of discovery are as follows: Deposition due by 3/2/2026. Discovery due by 6/29/2026.The terms of the April 7, 2025 Civil Case Management Plan and Scheduling Order otherwise remain in effect. Further, IT IS HEREBY ORDERED that Defendant's time to answer, move, or otherwise respond to the Amended Complaint (ECF 69) is extended to October 20, 2025. SO ORDERED. The Clerk of Court is respectfully directed to close Docket Number 70.. (Signed by Judge John P. Cronan on 8/14/2025) (jca) (Entered: 08/14/2025)

Set/Reset Deadlines

Set/Reset Deadlines: Expert Discovery due by 6/29/2026. Fact Discovery due by 3/2/2026. (jca)

Set/Reset Deadlines: The Cooper Union for the Advancement of Science and Art answer due 10/20/2025. (jca)

Settlement Conference

Minute Entry. A settlement conference was held on Wednesday, August 20, 2025 before Magistrate Judge Gary Stein. (ta)

ORDER SCHEDULING SETTLEMENT CONFERENCE: A remote settlement conference in this matter is scheduled for Wednesday, September 10, 2025 at 1:00 p.m. by Microsoft Teams. The parties shall consult and comply with the undersigned's Settlement Conference Procedures, available at https://nysd.uscourts.gov/hon-gary-stein. Supplemental ex parte settlement letters, if any, must be submitted to the Court no later than Wednesday, September 3, 2025. SO ORDERED. Settlement Conference set for 9/10/2025 at 01:00 PM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 8/26/2025) (tg) (Entered: 08/26/2025)

Settlement Conference